The Law of Separation of the Churches and the State, passed by the
French government in 1905, completely dissociated the state from the
appointment of bishops and parish priests, but, lest this might seem
to be an unalloyed blessing, it must be added that it also suppressed
the annual revenue of the Church, amounting to 42 million francs. The
departments and communes were forbidden to vote appropriations for
public worship. Life pensions equivalent to three quarters of the
former salary were granted to priests who were not less than sixty
years of age at the passing of the law, and life pensions equivalent
to half of the former salary to those under forty-five. As a matter
of fact, the state became the richer by eight million francs. The use
of Catholic buildings was to be regulated by the _Associations
Cultuelles_. Without any reference to the Holy See it was decided by
the government that these associations for religious worship should
be formed in each diocese and parish to administer church property.
Several articles in the law regarding the constitution of these
_Associations Cultuelles_ left to the Council of State--a purely lay
authority--the settlement of any dispute that might arise. In other
words it lay with the Council of State to pronounce on the orthodoxy
of any association and its conformity with the rules of public
worship.
There was a good deal of discussion in ecclesiastical circles as to
whether the "Associations" could be formed. Pius in his encyclical
"Gravissimo," August 1906, decided the question. He had examined the
law, he declared, to see if it were at all possible to carry on under
its provisions the work of religion in France while safeguarding the
sacred principles on which the Church was constituted. After
consultation with the episcopate he had sorrowfully to declare that
no such arrangement was possible. The question at issue was whether
the associations for worship could be tolerated. His answer was that
"with reference to these associations as the law establishes them, we
decree that it is absolutely impossible for them to be formed without
a violation of the sacred rights pertaining to the very life of the
Church." As to any other "legal and canonical" associations which
might preserve the Catholics of France from the difficulties by which
they were threatened, there was no hope of them while the law
remained as it was. "We declare that it is not permissible to try any
other kind of association as long as it is not established in a sure
and legal manner that the divine constitution of the Church, the
immutable rights of the Roman Pontiff and of the bishops, as well as
their authority over the necessary property of the Church, and
particularly over sacred edifices, shall be irrevocably placed in the
said associations in full security."
Public-domain text, read in full here on John Shaqi.
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